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Angela Ansanelli and Charles Ansanelli v. Jp Morgan Chase Bank

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


May 13, 2011

ANGELA ANSANELLI AND CHARLES ANSANELLI, PLAINTIFFS,
v.
JP MORGAN CHASE BANK, N.A., AND SEQUOIA PACIFIC MORTGAGE MOOT COMPANY, INC.,
DEFENDANTS.

The opinion of the court was delivered by: W Illiam A Lsup U Nited S Tates District Judge

ORDER GRANTING LEAVE TO FILE FOURTH AMENDED COMPLAINT AND DENYING AS DEFENDANT'S MOTION TO DISMISS

An order granted in part and denied in part defendant JPMorgan Chase Bank's motion to 18 dismiss plaintiffs' second amended complaint, and granted plaintiffs leave to file a third amended 19 complaint, curing the identified deficiencies. Plaintiffs did so. Thereafter, JPMorgan Chase Bank 20 moved to dismiss again, noticing a hearing for June 2. The opposition deadline was yesterday, 21 May 12, but instead of an opposition, plaintiffs' counsel filed a stipulation by all parties for leave 22 to file a fourth amended complaint and a fourth amended complaint. Although plaintiffs did not 23 submit a proposed order or style their filing as a stipulated request, their implicit request for an 24 order granting leave to file a fourth amended complaint is GRANTED. As such, defendant's 25 motion to dismiss the third amended complaint is DENIED AS MOOT, and the hearing on June 2 is 26 VACATED.

IT IS SO ORDERED.

United States District Court For the Northern District of California

20110513

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